Greenawalt v. Ricketts

943 F.2d 1020 60 USLW 2207 Randy GREENAWALT, Petitioner-Appellee, v. James R. RICKETTS, Director, Arizona DOC; Donald Wawrzaszek, Superintendent, ASP; Robert K. Corbin, Attorney General, State of Arizona, Respondents-Appellants. Nos. 88-1828, 88-1910. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1991. Decided Aug. 22, 1991. Bruce M. Ferg, Asst. Atty. Gen., Tucson, Ariz., for respondents-appellants. Cameron C. Artigue, Gammage & Burnham, Phoenix, Ariz., for petitioner-appellee. Appeal from the United States District Court for the District of Arizona. Before WALLACE, Chief Judge, and ALARCON and WIGGINS, Circuit Judges. WALLACE, Chief Judge: 1 During a brief period of freedom following his escape from an Arizona state prison, Greenawalt kidnapped three people, murdered four, committed two armed robberies, and stole a motor vehicle. After confessing to some of these crimes, he was convicted and sentenced to death, and his conviction and sentence were affirmed on direct appeal, more than a decade ago. See State v. Greenawalt, 128 Ariz. 150 , 624 P.2d 828 (en banc) (Greenawalt I), cert. denied, 454 U.S. 882 , 102 S.Ct. 364 , 70 L.Ed.2d 191 (1981);…